Mullen v. . St. John
New York Court of Appeals
Appeal from a judgment of the General Term of the Supreme Court in the second judicial department, affirming a judgment in favor of plaintiff, entered upon a verdict. This was an action to recover damages for injuries sustained by plaintiff, by the falling of a building in Brooklyn. The defendants were the owners of a building called the Hamilton Market, standing on the corner of Hamilton avenue and Yan Brunt street, in the city of Brooklyn.
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Appeal from a judgment of the General Term of the Supreme Court in the second judicial department, affirming a judgment in favor of plaintiff, entered upon a verdict. This was an action to recover damages for injuries sustained by plaintiff, by the falling of a building in Brooklyn. The defendants were the owners of a building called the Hamilton Market, standing on the corner of Hamilton avenue and Yan Brunt street, in the city of Brooklyn. It was built in 1854, of brick, was leased to the defendants in 1863, and purchased by them in 1866. On the 26th of June, 1870, the building being then…
1Opinion of the Court
Dwight, C.
The question in the present case arises upon > the charge of the judge, which is in the following terms, as far as an exception was taken, to wit: “ When the plaintiff proved that the building fell into the street and injured her, she had made out a case, in the absence of any explanation on the part of the defendants, as buildings do not usually or necessarily fall, and that it is for the jury to say, under all the evidence, whether that explanation, on the part of the defendants, is reasonably made.” This passage is an extract from the charge, and was preceded by a statement, that…
2Cases cited2 opinions
- Losee v. . BuchananNew York Court of Appeals · 1873
- Edgerton v. . New York Harlem R.R. Co.New York Court of Appeals · 1868
3Cited by173 opinions
- Griffen v. . ManiceNew York Court of Appeals · 1901
- Morejon v. Rais Construction Co.New York Court of Appeals · 2006
- Judson v. Giant Powder Co.California Supreme Court · 1895
- Volkmar v. Manhattan Railway Co.New York Court of Appeals · 1892
- Fitzpatrick v. PenfieldSupreme Court of Pennsylvania · 1920
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